Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Article 226 scrutiny extends to private bodies performing public functions where their actions have a public law character and affect legally protected rights. A banking-sector Caution List maintained under RBI guidelines could therefore be challenged when it affected an advocate's reputation, engagements and right to practise. Fraud requires dishonest intent or deliberate facilitation; alleged negligence in a title-verification opinion, without fraud, collusion or criminality, cannot justify listing. Statutory disciplinary jurisdiction over advocates' professional conduct rests exclusively with Bar Councils, so banks cannot use the Caution List to determine misconduct. The advocate's entry was removed, and the Bar Council of India was directed to audit disciplinary mechanisms.
Article 226 scrutiny extends to private bodies performing public functions where their actions have a public law character and affect legally protected rights. A banking-sector Caution List maintained under RBI guidelines could therefore be challenged when it affected an advocate's reputation, engagements and right to practise. Fraud requires dishonest intent or deliberate facilitation; alleged negligence in a title-verification opinion, without fraud, collusion or criminality, cannot justify listing. Statutory disciplinary jurisdiction over advocates' professional conduct rests exclusively with Bar Councils, so banks cannot use the Caution List to determine misconduct. The advocate's entry was removed, and the Bar Council of India was directed to audit disciplinary mechanisms.
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